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Home My WebLink About2.0 BOCC Staff Report 02.04.2002REOUEST: 4PPLICANT: LOCATION: SITE DATA: ACCESS: WATPR: SEWER: E)(ISTING ZONING: SURROUNDING ZONING: 1. BOCC 2104102 PROJECT INT'ORMATION AI\D STAFF COMMENTS A request for review of a Special Use Permit to allow an AccessorY Dwelling Unit. Ted Martiru Julie KuPer 3919 CR 233, generally located northwest of Sih, offof Silt Mesa Road. Approximately 4. I 0 acres CR 233, Silt Mesa Road Domestic spring sYstem ISDS. A/R/RD A/RIRD II. The applicants has an existlng house on the property that is 960 sq' ft" The applicants are p.opo.irrg to place an approximately 1040 sq. ft. rnanufactured home on the property to be used as an accessorydweling. Water is provided by a domestic spring system that serves five (5) other tracts of land. Wastewater is to be treated through individual sewage disposat systems connected to each house. Access to the property is offof CR 233. This applicant's property is located in the Rural Density Residential (ldulz ac.) Land Use Districiof the StuAi Area2-3 Map contained in the Garfield County Comprehensive Plan of 2000 for Study Areas 1-3. Thi proposed application is in compliance with recommended density and appears t-o be in general compliance withthe goals and objectives of the Plan. .fr'/roo/ il H'6 /'n .'Zr.-/*rrn E rp* L 4i,e**r'p! wffi +U-rL//l/r/.uJ o o m.GARFIELD COUNTY ZONING RESOLUTION: Section 3.02 A/R/RD - AgriculturaVResidentiaURural Density allows Accessory Dwelling Units as a Special Use and is subject to meeting certain standards identified in Section 5.03 and 5.03.21 ofthe Garfield County ZonngResolution' Section 5.03 Conditional and Special Uses states: As listed under Zone District Regulations, conditional and special uses shall conform to all requirements listed thereunder and elsewhere in this Resolution plus the following requirements: (t) Utilities adequate to provide water and sanitation service based on accepted engineeringitrrdorit and approved by the Board of County Commissioners shall efiher be in place or shall be constructed in conjunction with the proposed use; The applicants have the rights to 18% of the water from a domestic spring systern, that can legally draw a total of 0.022 cfsper Water Case No. 83CW268' Accordinglo ihe water decree document, the system is feed by two springs, each decreed for 0.011 cfs of water. The water is combined into a collection box that is g,x8,x4'(256 cu.fr..),which will hold 1914.88 gallons of water. This is then put into a 1000 gallon storage tank. The applicants have the legal right to 18% of the water from the springs. The springs can legally yield 0.022 cfs or 9'9 gpnr, which converts to a maximum of 14,256 gallons per day. The applicants hur. u right to 2566.08 gallons per day of water. Based on the basic standard of 350 gallons per day for each dwelling, the applicants have alegal right to an adequate amount of water. Physically, the amount of storage available to the applicants is a total of 2914 gallons, but this is for all of the lots being served by the springs. Staffwould recommend that at least an additional 1000 gallons of storage be placed on the applicant's property, prior to the issuance of the Special Use permit. The ISDS connected to the new manufactured home will have to be inspected and approved by the County as a part of the building permit. The existing house had ttre fSpS approved as part ofthe approval of the building permit to place the house on the ProPertY. (2) Street improvements adequate to accommodate traffic volume generated by the proprrri use and to proiide safe, convenient occess to the use shall either be in -plice or shall be constructed in coniunctionwith the proposed use; The property is accessed via the Silt Mesa Road (CR 233)' a) (3) Design of the proposed use is organized to minimize impact on andfrom adjacent ur6 oTlond t-hroigh installation of screenfences or landscape materials on the pertphery of the lot and by location of intensively utilized areas, access points, 'lighting'and signs in such a manner as to protect established neighborhood character. The proposed accessory dwelling is located on a 4.10 acre tract of land, located in a low density area of the County. It will not affect the established character of the neighborhood. Section 5.03.21 Accessory Dwelling Unit: (t)The minimum lot size shall be four (4) acres containing a building site with slopes less than 40ok at least two (2) acres in size- The subject lot is in excess of four (4) acres, and the lot contains a building site with slopes less than 40Yo at least two (2) acres in size. The gross/loor areafor residential use occupancy shall not exceed 1500 sq' ft' The proposed Accessory Dwelling Unit will not exceed 1500 square feet in area. Approvalfrom the subdivision homeowners association and/or allowed by cov e nant if appl ic ab le. The tract of land is not within a subdivision and is not subject to any covenants. Proof of a tegally adequate source of water for an additional dwelling unit' As noted previously, the proposed accessory dwelling unit will be served by an exempt domestic spring system that can legally provide water to the ADU' There is no ffirmation regarding the "quality''of the spring system. A standard condition of approval has been to require the following documentation, prior to the issuance of the Special Use Permit: 1) That a four (a) hour pump test be performed on the well to be used; 2) A well completion report demonstrating the depth of the well, the characteristics of the aquifer and the static water level; 3) The results of the four (a) hour pump test indicating the pumping rate in gallons per minute and information showing drawdown and rechafge; 4) e *ritt* opinion of the person conducting the well test that this well should be adequate to supply water to the number of proposed lots; (3) (4) V. 5) An assumption of an average or no less than 3.5 people per dwelling unit, using 100 gallons of water per person, per day; 6) The water quality be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids; Staffdoes not feel that the spring can be pump tested, thus the pump testing is not appropriate. The water quality should be tested and the test results should be pio"iJ"a to the County Planning Department prior to the issuance of the Special Use Permit. O Compliance with the County individual sewage disposal system regulations or proi1 o7 o legal ability to connect to an approved central sewage treatment facilitY. It will be necessary to have a new ISDS approved as a part of the approval of the building permit for the accessory dwelling. (6) Only leasehold interests in the dwelling units is allowed. Staffrecommends this as a condition of any approval (7) That all construction complies with the appropriate County building code requirements. A building permit will have to be obtained and all construction will have to comply with the Garfield County Building Code. SUGGESTED FINDINGS: 1. That proper posting and public notice was provided as required for the hearing before the Board of County Commissioners. Z. That the hearing before the Board of County Commissioners was extensive and complete, that ;[ pertinent facts, matters and issues were submitted and that all interested parties were heard at that meeting. 3. That for the above stated and other reasons, the proposed Special Use Permit is in the best interest ofthe healttU safety, morals, convenience, order, prosperity and welfare of the citizens of Garfield County. 4. That the application is in compliance with the Garfield County Zonng Resolution of 1978, as amended. 4 VI. RECOMMENDATION Staffrecommends APPROYAL, of the applied for Special Use Permit, with the following conditions: 1. That all representations of the applicant, either within the application or stated at the hearing before the Board of County Commissioners, shall be considered conditions of approval. 2. All requirements of Section 5.03.21of the Garfield County ZonngResolution, will be complied with by the applicant. Including the requirement that only leasehold interests will be allowed for the accessory dwelling. 3. All of the proposed construction will have to meet the Garfield County Building Code requirements for the type of construction. 4. A new ISDS permit will be obtained as a part of the building permit process for the accessory dwelling. 5. Prior to the issuance of the Special Use Permit, the water quality will be tested by an approved testing laboratory and meet State guidelines concerning bacteria, nitrates and suspended solids and the documentation will be provided to the Planning DePartment: 6. Prior to the issuance of the Special Use Permit, the applicants will install a 1000 gallon water storage tank that is connected to the domestic water supply for the houses. 7. All conditions of approval must be met within one year ofthe date of approval ofthe application. If conditions are not met within one year, the approval will be void. 5